Date of filing:2.3.2013.
Date of disposal:7.11.2013.
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM - II:
VIJAYAWADA, KRISHNA DISTRICT
Present: SRI A. M. L. NARASIMHA RAO, B.SC., B. L., PRESIDENT
SMT N. TRIPURA SUNDARI, B. COM., B. L., MEMBER.
SRI S.SREERAM, B.COM., B.A., B.L., MEMBER
THURSDAY, THE 7th DAY OF NOVEMBER, 2013
C.C.No.46 of 2013
Between:
M.Ravinder Reddy, S/o Late Mohan Reddy, 5th Floor, Rithvik Enclave, Near Skew Bridge, Patamata Lanka, Vijayawada – 10.
. … Complainant.
AND
1. G.N.V.D.Ravi Kanth, Manager, COX & Kings Limited, MAA Padmavathi towers, Chitralaya Cinema Road, Near Jagadamba, Opp: State Bank of Hyderabad, Visakhapatnam – 530 002.
2. M/s COX & Kings (India) Limited, Turner Morrison Building, 16th Bank Street, Fort,Mumbai – 400 001.
3. The Manager, Cox & Kings, Door No.40-1-22, 1st Floor, M.G.Roiad, Labbipet, Vijayawada – 520 010.
.… Opposite Parties.
This complaint coming on before the Forum for final hearing on 5.11.2013 in the presence of Sri .Venkatappayya and Kum T.Mrudula Devi, Counsels for complainant and oppsoite parties 1 and 3 remained absent and Sri G.Narasimha Rao, counsel for the 2nd opposite party and upon perusing the material available on record, this Forum delivers the following:
O R D E R
(Delivered by Hon’ble Member Smt N.Tripura Sundari)
This complaint is filed under Section 12 of the Consumer Protection Act, 1986.
1. The averments of the complaint are in brief:
The opposite parties proposed to arrange Europe Tour for a short period from 30.09.2012 to 12.10.2012 and furnished a detailed tour programme to the complainant. Going through the same, the complainant and his father-in-law intended to go to Europe and paid a sum of Rs.1,79,697/- each to the opposite parties and obtained valid receipts. Subsequently the opposite parties assured the complainant that all arrangements will be look after by them and requested the complainant to ready for take off. While the matter is stood thus, on enquiry the complainant came to know that his visa was rejected by the concerned authorities of Spain. Therefore the complainant sent E-mail to the opposite parties on 25.9.2012 requesting them to refund the amount paid by him. On receipt of the said mail the 1st opposite party sent a mail stating that they required some time to conduct enquiry and to get relevant information from the concerned authorities. But inspite of repeated requests made by the complainant, the opposite parties paid deaf ear and failed to refund the amount, which amounts to deficiency in service. Hence the complainant is constrained to file this complaint against the opposite parties praying the Forum to direct them to pay a sum of Rs.1,79,697/- along with interest at 12% per annum from 17.9.2012 to till date of payment, to pay compensation of Rs.50,000/- towards physical and mental agony and to pay costs.
2. The opposite parties 1 and 3 called absent and the 2nd opposite party filed its version.
The version of the 2nd opposite party is in brief.
The 2nd opposite party denied all the allegations of the complaint and submitted that this Forum has no jurisdiction to entertain this complaint as the complainant not booked his ticket at Vijayawada. The opposite party signed on MOU with Credai Group – Visakhapatnam for group travelling to Spain, Portugal and Turkey. The complainant booked ticket with the opposite party as a part of said Credai Group. In order to process the visa, the opposite party sent several reminders to the complainant for submitting the documents. The complainant acted a gross negligent and never submitted all the documents. The complainant was very well informed that it is necessary that they would submit all the documents for visa processing in time to enable the opposite party to submit the documents with the respective consulate well before the schedule date of departure. The complainant did not pay any attention to the opposite parties continuous and repeated reminders and belatedly tendered the documents with the opposite party. After several reminders the documents were received from the complainant only on and around 12th September, 2012. After receiving the documents, the opposite party immediately submitted the visa application with the consulate. The opposite party from time to time appraised the complainant the status of submission of their visa application. At no point of time the opposite party promised the Credai Group members including the complainant that their visa will be granted by the consulate. The Spain Consulate rejected the visa application of the complainant and the tour of the complainant was cancelled. Since the tour was cancelled five days prior to the departure date, cancellation charges as per the terms of MOU accepted and agreed by the complainant were levied upon him. The complainant paid Rs.1,79,697/- towards the tour cost. The complainant informed the opposite party through E-mail that he intended to cancel the tour. The opposite party informed the complainant time to time that the tour amount will be forfeited as per the cancellation terms of the MOU. The complainant’s pass port and pan cad were returned to him by opposite party on1st November, 2012. The opposite party never assured or promised the complainant in getting the visa. Granting or rejecting of visa is at the sole discretion of the consulate. The opposite party acted as a facilitator while making the visa application to the consulate. The complainant is not entitled for any refund as claimed by him since the tour was cancelled five days prior to the date of departure and the cancellation charges were applicable as per the MOU. The opposite party that as soon as the complainant or any other passenger, makes a reservation or booking for their respective holiday package with the opposite party, the opposite party commence its obligation of making necessary hotel room reservation and airline ticket reservation immediately. Every foreign country have their own visa application processing fee and visa fees which have to be paid in advance at the time of submitting the visa application and they do not refund any part of the above fees if the tourist visa is rejected by them. The opposite party cannot wait for the visa but start booking various services for tour participants. If the tour is cancelled at the last movement all the confirmed services booked are cancelled and the opposite party has to face 100% cancellation charges from its suppliers. The opposite party offered refund of Euro 940 + USD 110 to the complainant towards full and final settlement in its reply notice. An E-mail was also sent to the complainant on 26th November, 2012. But the complainant refused to accept the said offer. There is no deficiency on the part of opposite party towards the complainant in getting the visa from the consulate. Therefore the opposite party prayed to dismiss the complaint with costs.
3. On behalf of the complainant he gave his affidavit and got marked Ex.A.1 to Ex.A.15 and on behalf of the 2nd opposite party Mr. Mohammed Atherulla, Senior Manager Account of the 2nd opposite party filed his affidavit and got marked Ex.B.1 to Ex.B.9.
4. Heard and perused.
5. Now the points that arise for consideration in this complaint are:
1. Whether is there any deficiency in service in not processing the application to get visa to the complainant for his tour?
2. If so is the complainant entitled for any relief to get refund of his money from the opposite parties?
3. To what relief he is entitled?
POINTS 1 AND 2:-
6. On perusing the documents (complaint, version affidavits and documents) As per Ex.A.16 receipt from opposite parties the complainant booked his ticket with the 1st opposite party at Vijayawada branch of opposite parties by paying Rs.1,00,000/- on 29.8.2012 and Rs.79,697/- on 17.9.2012 for the proposed tour of Europe. Hence this Forum has jurisdiction to entertain this complaint. The payment by the complainant is not disputed. As per Ex.A.1 E-mail to complainant from opposite parties from Visakhapatnam dated 24.8.2012 it was mentioned that “All the expenses towards the trip including air tickets, accommodation and medical expenses will be borne by company. There is no whisper about the visa that the opposite parties will provide the visa. Ex.A.2 and Ex.A.3 E-mails sent by opposite parties dated 28.8.2012 to the complainant mentioning to take print out for Spain visa application as 1) 3 sets of forms to be filled in blue ink only. 2) 4 photographs 35x45 with white back ground dark coloured shirt, without eye glass – glossy finish. 34) 2 covering letters to visa officer embassy of Spain New Delhi & to visa officer consulate general of Spain Mumbai (find the attachments) – on company letter head. 4. NOC from company with concern person signature and company seal on it – On company letter head. 5. Pay slips for 6 months with company seal and signature. 6. 6 months bank statements with manager signature and seal-personal and company. 7.I.T. returns for 3 years – personal and company. 8. Day to day itinerary. 9. AIR tickets. 10. Hotel confirmation voucher, directly from Spain. 11.insurance. 12. Pan cards – personal, spouse and company. 13. NOC from spouse. 14 Credit card copy/foreign exchange. 15 Old and new passport. 16. Personal bank statement/telephone bill with name or home address/electricity bill with name.
For Turkey visa:
(1) 1 form filled and signed. (2) 4 photo graphs – Matt finish 3.5 cms x 4.5 cms – With white background dark coloured shirt, without eye glass & the head (measured from the top of the hair to the bottom of the chin) should measure about 3 cms. (3) 2 self covering letter to Visa officer Embassy of Turkey New Delhi & To visa officer consulate general of turkey Mumbai ( on company letter head) (4) Return ticket. (5) Proof of hotel confirmation. (6) Tour itinerary. (7) Personal bank statements for 6 months with bank manager signature and seal – personal and company. (8) Pay slips for 6 months with company seal and signature. (9) NOC cum leave from company with seal and signature on company letter head. (10). NOC from spouse. (11) IT returns for 3 yrs – Personal and company. (12) Copy of education certificates. (13) PCC required for blank passport holders (14) Old passport and new passport. The opposite parties requested the complainant to fill the required details and to submit all the documents at their Hyderabad coxs & Kings office. In Ex.A.4 E-mail sent by opposite parties to the complainant’s wife from Visakhapatnam on 5.9.2012 stating that 1. New visa application form filled (both Spain, turkey) without photos attested on it. 2. Photos should be changed without borders, Size; 35 mm X 45 mm, Plain white background, with 70% face covered, without eye wear, hats etc., 8 photos (4-matt, 4-glossy) 3. Covering letters may be printed on CEOs letter heads. For both Spain, Turkey. 4. NOC & Leave Sanction letter should included the below sentence on letter head – for both. 5. There should not be any TO address on salary certificate and it should mention the per month salary drew by him in last 6 months. 6. Personal ITRs of Mr. Ravinder Reddy should be attested by Auditor saying it is true copy and we need 2 attested sets NOT Xerox copies. The opposite party requested to all the above documents at earliest to Visakhapatnam address. Ex.A.5 E-mail dated 13.9.2012 sent opposite parties from Visakhapatnam to the complainant’s wife requesting to mention. 1. On company letter head in the 2nd para as “I’ve been working as Chief Executive Officer in M/s Microfine Filters since _____ (joining date) to till date”. Then continue the “I assure that I will not be involve in any other activities……….” With company round seal. 2. NOC & Leave sanction letter to mention on company letter head joining date should be mentioned in 1st para as “who is working CEO for M/s Microfine filters from – Joining date) to till date” seal of the company, designation. 3. Personal bank statements for 6 months (till 14th Sep. 2012) with Min.Bal. of Rs.1,60,000/- - 1,80,000/- on bank stationary only with seal, sign of bank official with full name and employee ID No. and to send the above documents Mahendra Sahane Franchise team – Visa Liaising Officer, Cox and kings Ltd., 104 Vikas bldg, 1st floor, 11 bank street, fort Mumbai – 400 001, Tel: 022-22633565 – 9987393010, by blue dart couriers. The opposite parties sent E-mail dated 15.9.2012 the details of flight information as TK-1860 – 09 Oct, MAD (18:05) IST (23:00) and going out from Visakhapatnam to Mumbai Flight 6E241, date 29.9.2012 from Visakhapatnam to Mumbai departs 1.10 pm, arrives 3.55 pm, coming back to Mumbai to Visakhapatnam Flight 6E248, date 12 Oct, 2012, from Mumbai to Visakhapatnam departs 9.25am, arrives 12.55 p.m. Ex.A.6 is E-mail dated 20.9.2012 sent by the opposite parties to complainant the names of tourists and the details of sight seeing in Spain and Portugal). The complainant states that he came to know that his visa was rejected by Spain. So he intended to withdraw the tour and sent E-mail Ex.A.7 dated 25.9.2012 to opposite parties and requested to refund the money which he paid. On receipt of the said E-mail the opposite parties sent E-mail dated 26.9.2012 Ex.A.8 stating that they required some time to conduct enquiry to get relevant information from the concerned authorities. Later the complainant sent E-mails dated 28.9.2012 under Ex.A.8, and E-mail Ex.A.9 dated 30.9.2012 and 3.10.2012 to refund the amount paid by him. As there is no response from opposite parties he sent legal notice Ex.A.10 dated 10.11.2012 through his advocates demanding the opposite parties to refund the money within 10 days as the opposite parties failed to process the application and to get visa to him otherwise he would approach the court of law. The opposite parties sent reply for Ex.A.10 under Ex.A.11 dated 17.12.2012.
7. The 2nd opposite party says that opposite party company signed on MOU Ex.B.2 dated 7.9.2012 with credai group – Visakhapatnam for group travelling and list of the participants was provided to them with the signature of the secretary of credai Visakhapatnam on MOU and the said MOU contains scope of work, tour details and the terms and conditions of the said tour and that would applicable to all tour participants. All the documents required for processing visa were received in second week of September and it was rejected on 25th September, 2012 under Ex.B.4 with translation in English and the same was informed to the complainant under Ex.B.5. The opposite parties are only travel facilitators and granting or rejecting visa is sole discretion of the consulate. The opposite parties shall not be responsible for granting visa or for any delay or other related acts the same was in force under Ex.B.9. The opposite party also stated that for any international group tour to operate the services like air tickets, hotels, coaches, transfers for any group is booked in advance to ensure the availability of services for the entire group and money would be paid by the opposite parties for the said services. Ex.B.8 hotel confirmation, flight tickets receipt and insurance confirm evidence the same. If such services of the suppliers are not utilized the payments are not refunded to the opposite parties. The tour of the complainant was cancelled five days prior to travel. As per the cancellation policy 100% cancellation charges were applied. For Air services, 15 days to 29 days 100% cancellation charges 7 days to 14 days – nonrefundable, within 7 days prior to departure or no show – nonrefundable and as the same for land components. As a good will gesture the opposite parties are ready to refund a sum of EURo 940 + USD 110 towards full and final settlement.
8. On hearing both the parties and on verification of the documents filed by both parties, we, the Forum considered the submissions of the 2nd opposite party as all the terms and conditions were agreed signed on the MOU by credai group on behalf of the tour participants including the complainant. The opposite party has to book all the services flight tickets, hotel rooms etc. He has to pay the money in advance for those services from the tour charges given by the tour participants. Granting visa or rejecting visa is not in the hands of the facilitators. The opposite parties are only facilitators to the tour participants. It was clearly mentioned in the MOU that if the tour is cancelled no refund will be given. The tour schedule was fixed to 30th September, 2012, the complainant visa was rejected on 25th September, 2012 and his tour was cancelled. The advances must have been given by opposite parties for the respective services and they will not be refunded. Yet the 2nd opposite party agreed to give Euro 940 + USD 110. As per the above facts we hold that there is no deficiency in service on the part of opposite parties towards the complainant. Accordingly these points are answered.
POINT No.3:-
9. In the result, the complaint is allowed in part and the opposite parties are directed jointly and severally to pay the present value of Euro 940 + USD 110 in Indian currency within one month from the date of this order. If the opposite parties fails to pay awarded amount within the stipulated period it carries interest at the rate of 12% per annum from the date of order till realization. Rest of the claims of the complainant are rejected.
Typewritten by Stenographer K.Sivaram Prasad, corrected by me and pronounced by us in the open Forum, this the 7th day of November, 2013.
PRESIDENT MEMBER MEMBER
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For the complainant: For the opposite parties:-
P.W.1 M.Ravinder Reddy D.W.1 Mohammed Atherulla,
Complainant Senior Manager of the
(by affidavit) 2nd opposite party,
(by affidavit)
DOCUMENTS MARKED
On behalf of the complainant:-
Ex.A.1 24.08.2012 E-mail letter.
Ex.A.2 28.08.2012 E-mail letter.
Ex.A.3 29.08.2012 E-mail letter.
Ex.A.4 05.09.2012 E-mail letter.
Ex.A.5 13.09.2012 E-mail letter.
Ex.A.6 20.09.2012 Tour Itinerary details.
Ex.A.7 25.09.2012 E-mail letter.
Ex.A.8 26.09.2012 E-mail letter.
Ex.A.9 30.09.2012 E-mail letter.
Ex.A.10 10.11.2012 Office copy of legal notice.
Ex.A.11 17.12.2012 Reply notice.
Ex.A.12 06.09.2012 Letter from the 1st opposite party to the complainant.
Ex.A.13 06.09.2012 Copy of three receipts issued by opposite party.
Ex.A.14 17.09.2012 Copy of receipt issued by opposite party.
Ex.A.15 17.09.2012 Copy of receipt issued by opposite party.
On behalf of the opposite parties:-
Ex.B.1 . . Power of attorney.
Ex.B.2 . . Annexure B
Ex.B.3 . . List of members for credai Barcelona, natcon, 2012
Ex.B.4 . . Denegacion De Visado.
Ex.B.5 25.09.2012 E-mail letter.
Ex.B.6 . . Office copy of legal notice and reply notice.
Ex.B.7 01.11.2012 Letter from the complainant.
Ex.B.8 05.09.2012 Copy of letter from Century Princess, Madrid along with
other documents.
Ex.B.9 26.11.2012 E-mail letter.
PRESIDENT
